Você está na página 1de 6

David E. De Lorenzi, Esq. Gibbons P.C.

One Gateway Center Newark, New Jersey 07102-5310 Telephone: (973) 596-4605 Facsimile: (973) 639-6226 Of Counsel: Gene S. Winter, Esq. Benjamin J. Lehberger, Esq. Roy D. Gross, Esq. ST. ONGE STEWARD JOHNSTON & REENS LLC 986 Bedford Street Stamford, Connecticut 06905-5619 Telephone: (203) 324-6155 Facsimile: (203) 327-1096

Attorneys for Plaintiff SMT Solutions, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ____________________________________ SMT SOLUTIONS, INC., ) ) Plaintiff, ) Civil Action No. ) v. ) ) JURY DEMAND EXPOEVENT SUPPLY LLC, ) ) and ) ) LARRY EDINGER, ) ) Defendants. ) _____________________________________)

COMPLAINT FOR INFRINGEMENT OF PATENT

#1717360 v1 110913-77743

Plaintiff, SMT Solutions, Inc., by and through its counsel, files this complaint against Defendants, ExpoEvent Supply LLC and Mr. Larry Edinger, and hereby alleges as follows:

THE PARTIES 1. Plaintiff, SMT Solutions, Inc. (Plaintiff or SMT) is a New Jersey corporation having

a principal place of business at 52 First Street, Hackensack, New Jersey 07601. 2. Upon information and belief, Defendant ExpoEvent Supply LLC (ExpoEvent) is a

New Jersey limited liability company having a principal place of business at 20 Booker Street, 2nd Floor, Westwood, New Jersey 07675. 3. Upon information and belief, Defendant Larry Edinger (Edinger) is an individual

residing at 51 Lockerby Lane, Westwood, New Jersey 07675. 4. Upon information and belief, Edinger is the President and CEO of ExpoEvent. NATURE OF THE ACTION 5. This is a civil action for damages and injunctive relief resulting from infringement of

U.S. Patent No. 7,178,470 and U.S. Patent No. 7,320,287. JURISDICTION AND VENUE 6. This action arises under the United States Patent Laws, 35 U.S.C. 1, et seq.,

particularly 35 U.S.C. 271 et seq. 7. 8. This Court has subject matter jurisdiction based on 28 U.S.C. 1331 and 1338(a). Venue is proper and based on 28 U.S.C. 1391(b), 1391(c), and/or 1400(b).

- 2-

#1717360 v1 110913-77743

9.

This Court has personal jurisdiction over ExpoEvent by virtue of, inter alia, (1)

ExpoEvents systematic and continuous contacts with New Jersey, including its maintaining of an office in Westwood New Jersey, and (2) ExpoEvent transacts and does business in New Jersey, including ExpoEvents offer for sale and selling of infringing products in the District of New Jersey and ExpoEvents maintenance of a web page (www.expoeventsupply.com) that is visited by potential customers in New Jersey. 10. This Court has personal jurisdiction over Defendant Edinger by virtue of, inter alia, (1)

Edingers residence in and systematic and continuous contacts with New Jersey, and (2) Edinger transacts and does business in New Jersey, including his offers for sale and selling of infringing products in the District of New Jersey as an alter ego of ExpoEvent and/or by actively inducing ExpoEvent in the District of New Jersey to offer for sale and selling of infringing products. PATENT INFRINGEMENT 11. Plaintiff SMT is the owner of the entire right, title and interest in and to United States

Patent No. 7,178,470 (the 470 patent), entitled Tablecloth Covering And Method Of Covering And Skirting A Table, which was duly and legally issued by the United States Patent and Trademark Office on February 20, 2007 and assigned to SMT. A copy of the patent is attached as Exhibit A. 12. The 470 patent has been reexamined by the United States Patent and Trademark Office.

A copy of the Ex Parte Reexamination Certificate is attached as Exhibit B. 13. Plaintiff SMT is the owner of the entire right, title and interest in and to United States

Patent No. 7,320,287 (the 287 patent), entitled Tablecloth Covering And Method Of Covering And

- 3-

#1717360 v1 110913-77743

Skirting A Table, which was duly and legally issued by the United States Patent and Trademark Office on January 22, 2008 and assigned to SMT. A copy of the patent is attached as Exhibit C. 14. Defendant Edinger is named as an inventor on the 470 and 287 patents and formerly

owned a share of Plaintiff SMT. 15. Upon information and belief, after leaving SMT, Defendant Edinger founded

ExpoEvent, which is in the business of creating and distributing items for the expo and special event industries. 16. Edinger. 17. Upon information and belief, Defendant Edinger is President and CEO of Defendant Upon information and belief, ExpoEvent is an alter ego of Edinger, and is controlled by,

ExpoEvent and is responsible for the business decisions of ExpoEvent and its sales of products, including products that infringe the 470 and 287 patents. 18. Upon information and belief, Defendant ExpoEvent, an alter ego of Edinger, and

Defendant Edinger have been and still are making, using, offering for sale and selling various size table coverings under the name EF-Rectangular Table Cap, without the authorization of the Plaintiff. 19. Upon information and belief, Defendants ExpoEvent and Edinger have been and still

are actively inducing others to infringe one or more claims of the SMT patents through their sale of EF-Rectangular Table Cap products. 20. Upon information and belief, Defendant Edinger has been and still is actively aiding

and abetting, and inducing, infringement of the 470 and 287 patents by ExpoEvent.

- 4-

#1717360 v1 110913-77743

21.

Upon information and belief, Defendants ExpoEvent and Edinger have been and still

are contributorily infringing one or more claims of the SMT patents through their sale of the EFRectangular Table Cap products. 22. Upon information and belief, Defendants infringement, inducement of infringement,

and contributory infringement has been and continues to be willful. 23. Plaintiff SMT has been and continues to be damaged by the Defendants infringement of

the SMT Patents through the loss of sales and by the loss of customers and customer relationships stemming from Defendants sales. Plaintiff SMT claims all damages, including but not limited to reasonable royalties, to which it is entitled. 24. The harm to Plaintiff SMT resulting from the infringing acts of Defendants

ExpoEvent and Edinger is irreparable, continuing, and not fully compensable by money damages and will continue unless enjoined by this Court. JURY DEMAND 25. Plaintiff SMT demands a jury on all issues so triable. PRAYER FOR RELIEF WHEREFORE, Plaintiff SMT requests the following relief: A. Judgment that Defendants ExpoEvent and Edinger have infringed one or more claims

of the 470 and 287 patents pursuant to 35 U.S.C. 271 et seq; B. Granting a permanent injunction be entered against the Defendants, their officers,

agents, servants, employees, and attorneys, and those persons in active concert or participation with the

- 5-

#1717360 v1 110913-77743

Defendants who receive actual notice of the injunction by personal service or otherwise, from any further infringement of the 470 and 287 Patents pursuant to 35 U.S.C. 283; C. Awarding Plaintiff SMT its damages, suffered by reason of the infringements by

Defendants, together with prejudgment interest; D. Trebling the damages awarded to Plaintiff SMT pursuant to 35 U.S.C. 284 due to the

willful acts of infringement complained of herein; E. F. G. proper. Respectfully submitted, Declaring that this case is an exceptional case pursuant to 35 U.S.C. 285; Awarding Plaintiff its attorneys fees and costs; and Awarding Plaintiff SMT any other and further relief that this Court may deem just and

Date: October 21, 2011

s/ David E. De Lorenzi David E. De Lorenzi, Esq. Gibbons P.C. One Gateway Center Newark, New Jersey 07102-5310 Telephone: (973) 596-4605 Facsimile: (973) 639-6226 Of Counsel: Gene S. Winter, Esq. Benjamin J. Lehberger, Esq. Roy D. Gross, Esq. ST. ONGE STEWARD JOHNSTON & REENS LLC 986 Bedford Street Stamford, Connecticut 06905-5619 Telephone: (203) 324-6155 Facsimile: (203) 327-1096 Attorneys for Plaintiff SMT Solutions, Inc.

- 6-

#1717360 v1 110913-77743

Você também pode gostar